Word usage. For the purposes of this chapter, certain phrases and
words are herein defined as follows: words used in the present tense
include the future; words used in the singular number include the
plural number and vice versa; the word "used" shall include "arranged,"
"designed," "constructed," "altered," "converted," "rented," "leased"
or "intended to be used"; the word "lot" includes the words "plot,"
"premises" and "tract"; the word "building" includes the words "structure,"
"dwelling" or "residence"; the word "shall" is mandatory and not discretionary;
and the word "may" indicates a permissive action. Any word or term
not defined herein shall be used with a meaning of standard usage.
Moreover, whenever a term is used in this chapter which is defined
in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning
as defined in N.J.S.A. 40:55D-1 et seq., unless specifically defined
otherwise in this chapter.

Zoning Officer who shall automatically upon his/her appointment as Zoning Officer become the administrative officer and shall have those responsibilities set forth in this Chapter 142, Land Use, for so long as he/she shall hold the office of Zoning Officer and administrative officer. In the event that there is a vacancy, the Municipal Clerk shall act as administrative officer until the vacancy shall have been filled by the Mayor.

The professional examination and review of documents submitted
for site improvements on a lot for a single-family home, or other
site improvements, that do not require site plan approval from a board
of jurisdiction or technical review committee. Review of plans and
documents and any other professional services that may be required
shall be in accordance with the provisions of this chapter.

Conditions or situations creating, imposing, aggravating
or leading to impractical, unsafe, visually unacceptable or unsatisfactory
conditions on a subdivided property or adjacent property, such as
improper circulation and drainage rights-of-way as defined in N.J.S.A.
40:55D-6, as amended, inadequate drainage facilities, insufficient
street widths, unsuitable street grades, unsuitable street locations
to accommodate prospective traffic or coordinate and compose a convenient
system, improper screening, location of lots, structures and parking
in an inappropriate manner for the intended purposes without danger
to health and welfare or peril from flood, fire, erosion, noise or
other menace, providing for lots of insufficient size and neither
providing nor making future allowance for access to the interior portion
of the lot or for other facilities required by this chapter. Also,
any condition or situation existing or proposed adverse to the purposes
for which zoning and planning ordinances may be adopted as defined
by statute or case law; provided, however, the condition or situation
is not expressly permitted beyond.

The establishment of a biological community dominated by
trees and other woody plants, at a density of at least 100 trees per
acre with at least 50 of the trees having the capability of growing
to a diameter of two inches or more within seven years, over an area
that has not had forest cover for a long period of time.

A housing unit which is restricted for occupancy to persons
who are at least 55 years of age or older so as to qualify as "housing
for older persons" within the exemption provisions of Title VII of
the Civil Rights Act of 1968, as amended by the Fair Housing Amendments
Act of 1988, the Housing for Older Persons Act of 1995 and any subsequent
amendments thereto.

Farming, including plowage, tillage, cropping, installation
of best management practices, seeding, cultivating, and harvesting
for the production of food and fiber products (except commercial logging
and timber operations); grazing and raising of livestock; aquaculture;
nursery; and the cultivation of products as part of a recognized commercial
enterprise.

The use of land for common farm site activities, including
but not limited to production, harvesting, storage, grading (of produce),
packaging, processing and the wholesale and retail marketing of crops,
plants, animals and other related commodities and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease and pest control, disposal of farm waste, irrigation,
drainage and water management, and grazing.

A change, rearrangement or improvement in the structural
parts or existing facilities of a building or structure, whether by
extension in any direction or by any increase in height or by movement
from one location or position to another.

Any machine, contrivance, or device, which, upon the insertion
of a coin, slug, token, plate, disc or key into a slot, crevice, or
other openings, or by the payment of any price, is operated or may
be operated by the public generally for use as a game, entertainment,
or amusement, whether or not registering a score, and shall include
electronically operated game operations but shall not include pool
or billiard tables.

The application or appeal forms and all accompanying documents
required by this chapter for approval of a subdivision plat, site
plan, planned development, conditional use, zoning variance or direction
for the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.

A forester who is listed with the State of New Jersey Department
of Environmental Protection, Division of Parks and Forestry, as being
eligible to attest that a landowner is in compliance with the woodland
management plan and program.

The highest order of roads, including Route 130, Route 33
and the proposed loop road, but not including the limited access roads
like the Turnpike. These roads have a minimum right-of-way (ROW) of
120 feet. Frontage for residential is not allowed and commercial has
limited frontage.

An area of a specified minimum width, which shall be vacant,
except for landscaping, fence or wall, as required and approved by
the Board, and which is established to shield the noise and view of
activities on a lot surrounding properties and/or to provide a transition
between activities or structures of unequal intensity, character or
appearance.

Any structure having a roof supported by columns, piers or
walls, including tents, dining cars, or having other supports, and
any unroofed platform, terrace or porch having a vertical face higher
than three feet above the level of the ground from which the height
of the building is measured. Any construction with interior areas
not normally accessible for human use, such as gas holders, oil tanks,
water tanks and other similar constructions, are not considered as
"buildings," but as structures. A structure built, maintained or intended
for use for the shelter or enclosure of persons, animals or property
of any kind. The term is inclusive of any part thereof. Where independent
units with separate entrances are divided by party walls, the composite
of the units is a building.

The proportion of the lot area, expressed as a percentage
of total lot area, that is covered by the horizontal plane around
the periphery of the foundations of the principal buildings and all
accessory buildings, which shall also include the area under the roof
of any structure supported by columns, but not having walls, as measured
around the outside of the outermost extremities of the roof above
the columns.

The vertical distance measured to the highest average point
from the mean elevation of the finished grade along the side(s) of
the building facing a street or to the street line. On a corner lot,
the height shall be measured on the street having the greatest slope.
In all cases where this chapter provides for height limitations by
reference to a specified height and a specified number of stories,
the intent is to limit height to the specified maximum footage and
the specified number of stories within the footage. This height limitation
shall not include chimneys, cupolas or steeples.

A line on a lot, generally parallel to a lot line or road
right-of-way line, located a sufficient distance therefrom to provide
the minimum yards required by this chapter. The building line delimits
the area in which buildings, including porches, window projections
and balcony overhangs, are permitted subject to all applicable provisions
of this chapter.

American Association of Nurserymen standard for trunk measurement
of nursery stock. Caliper of the trunk shall be taken six inches above
the ground for and up to and including four-inch caliper size, and
12 inches above the ground for larger sizes.

A self-propelled, vehicular structure built as one unit on a
chassis and designed for temporary living for travel, recreation,
vacation or other short-term uses, which may contain cooking, sleeping
and sanitary facilities.

An immobile structure containing cooking and sleeping facilities
for travel, recreation, vacation or other short-term use and designed
to be attached to the body of another vehicle for transporting from
one location to another.

A portable, vehicular structure built on a chassis, designed
for camping, the body of which is basically rectangular with a flat
top not more than four feet above the surface to the ground. The "camper"
is designed to have a temporary tent erected above the four-foot level
for camping activities.

A portable structure built on a chassis, designed for towing
and as a temporary dwelling for travel, recreation, vacation and other
short-term uses, and having an outside body width not exceeding eight
feet and a length not exceeding 30 feet, and which may contain cooking,
sleeping and sanitary facilities.

The hard or paved surface portion of a street customarily
used by vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion between the edges of the
paved or graded width.

A certificate issued by the Zoning Officer to the Construction
Official upon the satisfactory completion of applicable requirements
of this chapter for the issuance of a certificate of occupancy by
the Construction Official.

A certificate issued by the Construction Official upon completion
of the construction of a new building or upon a change in the occupancy
of a building which certifies that all requirements of this chapter,
or such adjustments thereof, which have been granted by the Board
of Adjustment or Planning Board, and all other applicable requirements
have been complied with, including but not limited to the issuance
of a building permit.

A permitted use that does not meet the foregoing criteria can be considered a change of occupancy that does not require site plan approval. Subsection (1)(b), (c) and (d) above shall not be applicable in the PCD or OW Zoning Districts.

Any intentional or negligent act to cut down, remove all
or a substantial part of, or damage a tree or other vegetation that
will cause the tree or other vegetation to decline and/or die. Such
acts shall include but not be limited to damage inflicted upon the
root system of the vegetation by the application of toxic substances,
by the operation of equipment and vehicles, by storage of materials,
by the change of natural grade due to excavation or filling, or by
the alteration of natural physical conditions.

A parcel of land or an area of water, or a combination of
land and water, together with the improvements thereon, designed and
intended for ownership, use and enjoyment shared by the residents
and owners of the development. "Common property" may contain agricultural
or wooded lots or such complementary structures and improvements as
are necessary and appropriate for the benefit of the residents and
owners of the development.

An application form completed as specified by this chapter
and the rules and regulations of Robbinsville Township and all accompanying
documents required by this chapter for approval of the application
for development, including, where applicable, but not limited to,
a site plan or subdivision plat, provided that the municipal agency
may require such additional information not specified in this chapter
or revisions to the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met, including
visual quality and landscaping. The application shall not be deemed
incomplete for lack of such additional information or any revisions
to the accompanying documents so required by the municipal agency.
An application shall be certified as complete immediately upon the
meeting of all requirements specified in this chapter and in the rules
and regulations of Robbinsville Township and shall be deemed complete
as of the day it is so certified by the administrative officer for
the purposes of the commencement of the time period for action by
the appropriate municipal agency.

A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
and upon the issuance of an authorization therefor by the Planning
Board.

A housing unit or residential facility which is restricted
for occupancy to persons 62 years of age or older which provides various
levels of residential accommodations and care and may include residential,
assisted living and nursing home accommodations. Such housing or residences
could provide various levels of support services including such things
as meals, transportation, maintenance, housekeeping, activities, fitness
center, entertainment, chaplain, emergency response, utilities and
home health care.

A retail establishment selling primarily food products, tobacco
products, household items, newspapers and magazines, candy and beverages,
a limited amount of freshly prepared food such as sandwiches and salads
for off-premises consumption, and is customarily open 15 hours to
24 hours per day.

A region measured outward from a tree trunk representing
the essential area of the roots that must be maintained or protected
for the tree's survival. At a minimum, the area shall be shown as
a circular area around the tree trunk extending 1.5 feet of radial
distance for every inch of tree DBH, with a minimum of eight feet.
For trees over 24 inches DBH, a probe shall be used in the field to
determine the extent of the root zone.

An assembly of materials consisting of either granite block
stone or poured concrete, forming a boundary structure to delineate
the edge of the roadway or paved area. (See also Residential Site
Improvement Standards for residential property development.)

Diameter-at-breast-height tree trunk diameter measured at
a height of 4.5 feet above the ground. If a tree splits into multiple
trunks below 4.5 feet, the trunk is measured at its most narrow point
beneath the split.

A nonroofed, above grade structure that extends from a dwelling
or other structure or is freestanding, and that rises more than 12
inches above grade at any one point. A deck shall be considered part
of the building area, except that it shall not be included in floor
area ratio.

A development intensity measure expressed as the number of
units per acre of net buildable site area. The net buildable site
area is the buildable portion of a site as determined by development
suitability analysis.

The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any buildings; any use or change in use
of any buildings or land; any extension of any use of land or any
clearing, grading, or other movement of land, for which permission
shall be required pursuant to this chapter, or any other ordinance,
statute or law.

The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.

Two dwelling units, each of which is attached side to side,
each one sharing only one common wall with the other. The common wall
can be on the property line and can be limited to sharing a common
garage wall.

A dwelling designed for and occupied by not more than one
family and having no roof, wall, or floor in common with any other
dwelling unit, and which has its own sleeping, cooking, sanitary and
general living facilities.

A building containing two residential dwelling units only,
each having separate entrances on the first floor, each independent
of each other, and each with its own sleeping, cooking and sanitary
facilities. The dwelling units shall be entirely separated from one
another by vertical walls or horizontal floors, unpierced except for
access to the outside or to a common basement.

A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one housekeeping unit. The dwelling
unit shall be self-contained and shall not require passing through
another dwelling unit or other indirect route(s) to get to any portion
of the dwelling unit, nor shall there be shared facilities with another
housekeeping unit.

An encumbrance which creates a legally enforceable land preservation
agreement between a landowner and a government agency for the purposes
of conservation. It restricts real estate development, commercial
and industrial uses, and certain other activities on a property to
a mutually agreed upon level. The restrictions are specifically defined
and are a part of a recorded legal document that is recorded with
the county clerk and becomes part of the chain of title for the property.

Permission granted by the Planning Board or Zoning Board
to deviate from the requirements of subdivision or site plan checklists,
or from design standards, which deviations are reasonable and within
the general purpose and intent of the regulations.

The measurable addition to, enlargement of or increase in
the structure(s) or parking area(s) necessary to a land use activity
or the level at which such activity is carried on, including, but
not limited to, noise, glare, traffic or other measurable effects
generated by the activity.

Outdoor storage of fuel, raw materials, products, and equipment.
In the case of lumberyards, exterior storage includes all impervious
materials stored outdoors. In the case of truck terminals, exterior
storage includes all trucks, truck beds, and truck trailers stored
outdoors.

One or more persons related by blood, marriage, civil union,
domestic partnership, adoption or guardianship, or not more than six
persons not so related occupying a dwelling unit and living as a single
housekeeping unit.

Principal uses: a lot of at least five acres, excluding residential
structures and grounds, gainfully used for the growing and harvesting
of crops and/or the raising and breeding of livestock, including truck
farms, fruit farms, nurseries and greenhouses, dairies and livestock
produce.

Located either along stream corridors or inland depressional
areas. "Floodplains" are those areas contiguous with a stream or streambed
whose elevation is greater than the normal waterpool elevation but
equal to or lower than the projected one-hundred-year flood elevation.
Inland depressional floodplains not associated with a stream system
but which are low points to which surrounding land drains. The water
surface created by the one-hundred- and/or five-hundred-year flood
elevation.

The sum of the gross floor area for each of the building's
stories measured from the exterior limits of the structure. The floor
area of a building includes basement floor area, if depressed less
than 50% below the average finished ground level, and includes attic
floor area only if the attic area meets the Robbinsville Building
Code standards for habitable floor area. It does not include cellars.
It includes unenclosed porches and balconies and any covered floor
space in an accessory building or in the principal building which
is designed for the parking of motor vehicles in order to meet the
parking requirements of this chapter.

A biological community dominated by trees and other woody
plants covering a land area of 10,000 square feet or greater. "Forest"
includes areas that have at least 100 trees per acre with at least
50% of those trees having a two-inch-or-greater diameter at 4.5 feet
above the ground, and forest areas that have been cut but not cleared.
An orchard is not a forest.

A plan establishing best conservation and management practices
for a landowner and approved by the New Jersey Department of Environmental
Protection, Division of Parks and Forestry, or prepared by an approved
forester.

An accessory building or structure or portion of a main building
or structure only for the parking of vehicles of the occupants of
the principal use, building or structure on the lot. For residential
uses, a private garage shall not hold in excess of three vehicles
per each detached single-family dwelling unit, two vehicles per each
two-family dwelling unit and one vehicle per each multiple-family
dwelling unit.

A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles customarily
used for private transportation, local school buses, commercial vehicles,
farm equipment and farm vehicles. A public garage shall not be used
for the storage of dismantled or wrecked motor vehicles or machinery
or parts thereof or for the collection, storage and sale of wastepaper,
rags, scrap metal or discarded material.

A building containing a minimum of six dwelling units and
two stories in height. Three or more units sharing a common entrance
surrounded on the front and sides by a yard/garden for a minimum of
30 feet with 15 feet on the rear.

A place of business where retail and wholesale products and
produce are sold to the retail consumer. These centers, which may
include a nursery or greenhouses, import most of the items sold. These
items may include plants, nursery products and stock, fertilizers,
potting soil, hardware, power equipment and machinery, hoes, rakes,
shovels, and other garden and farm tools and utensils.

A place where gasoline or other motor fuel is offered for
sale to the public and deliveries are made directly into motor vehicles
and which may provide for minor repairs but shall not include auto
body work, welding or painting or any repair work outside of the enclosed
building.

An area of 75 or more contiguous acres, containing at least
nine holes in length, together with the necessary and usual accessory
uses and structures, such as, but not limited to, clubhouse facilities,
dining and refreshment facilities, swimming pools, tennis courts and
the like, provided that the operation of such facilities is accessory
to the operation of the golf course.

The total number of units to be constructed or the total
number of separate building lots to be created on a tract of land
based on calculations of its size, which calculations shall encompass
all portions of the tract, unless otherwise specifically excluded
by this chapter.

The sum of the floor areas of all stories of a building,
as measured by the outside dimensions of the building, and excluding
cellars, attics and patios. In nonresidential structures, only those
floor areas having a ceiling height of eight feet or more or used
for storage space shall be included in the gross floor area. In residential
structures, only those floor areas having the minimum ceiling height
as prescribed by the Uniform Construction Code of the State of New
Jersey shall be included in the gross floor area.

Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
formally designated in the Master Plan as being historical, archaeological,
cultural, scenic or architecturally significant.

A business, profession, occupation or trade conducted for
gain or support and located entirely within a residential building
or a structural accessory thereto, which use is accessory, incidental
and secondary to the use of the building for dwelling purposes and
does not change the essential residential character or appearance
of such building.

A facility offering transient lodging accommodations to the
general public and which may include additional facilities and services,
such as restaurants, meeting rooms, entertainment, personal services,
and recreational facilities.

An establishment consisting of 100 or more individual sleeping
units designed for transient travelers and not for permanent residents
and further consisting of at least one restaurant and a minimum of
5,000 additional square feet of space devoted to banquet and/or meeting
halls, auditoriums or conference rooms.

A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas and facilities for the preparation and serving of food within
the dwelling unit.

A building or structure, or groups of buildings or structures,
that by design, construction, or alteration are primarily intended
for conducting organized religious services and associated accessory
uses.

Any material which does not absorb water. They consist of
all buildings, parking areas, driveways, roads, sidewalks, swimming
pools, patios and any areas of concrete or asphalt. In the case of
lumberyards, areas of stored lumber and masonry constitute impervious
surfaces. Streams, water bodies, detention and retention basins are
included as impervious surface.

In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or outside of the municipality, whose right to use, acquire
or enjoy property is or may be affected by any action taken under
this chapter, or whose right to use, acquire or enjoy property under
this chapter or under any ordinance of this municipality or any law
of the State of New Jersey or of the United States is alleged to have
been denied, violated or infringed by an action or a failure to act
under N.J.S.A. 40:55D-1 et seq.

The use of any space, whether inside or outside a building,
for the storage, keeping, or abandonment of scrap metals, paper, rags,
glass, brush, wood, lumber, building materials, or other scrap materials,
or other reclaimable materials, or for the dismantling, demolition,
or abandonment of automobiles or other vehicles or machinery or parts
thereof.

Natural or artificial bodies of water which retain water
year round. A lake is a body of water of two or more acres. A pond
is a body of water of less than two acres. Artificial ponds may be
created by dams or may result from excavation. The shoreline of such
bodies of water shall be measured from the maximum condition rather
than from the permanent pool in the event of any difference due to
drainage.

A parcel of land undivided by any street or private road
and occupied by, or designated to be developed for, one building or
principal use and the accessory buildings or uses customarily incidental
to such building, use, or development, including such open spaces
and yards as are designed and arranged or required by this chapter
for such building, use, or development. Any parcel of land separated
from other parcels or portions as by a subdivision plat or deed of
record, survey map or by metes and bounds, except that, for purposes
of this chapter, contiguous undersized lots under one ownership shall
be considered one "lot," and except further that no portion of a street
shall be included in calculating the lot boundaries or areas. For
the purposes of this definition, creation of a public or private street
having a separate lot designation will not be considered a lot as
defined herein, and therefore will not be required to comply with
the bulk requirements set forth in this Land Use Ordinance.

A lot abutting two or more streets at their intersection.
A lot on the junction of and abutting two or more intersecting streets
where the interior angle of intersection does not exceed 135°.
Lot lines not defined as front lot line shall be considered side lot
lines.

Every portion of a corner lot which abuts a street shall be
considered a front yard, and the front yard setback requirements for
the zone in which the lot is situated shall be complied with on every
street frontage. All yards not meeting the definition of a front yard
shall be considered to be side yards and shall meet the side yard
requirements of this chapter. There shall be no requirement for a
rear yard on a corner lot.

A percentage figure, calculated by dividing the total lot
area into the sum of the total building area and the area devoted
to paved or otherwise impervious surfaces, including all parking and
driveway areas whether or not paved with impervious materials.

The horizontal distance between side lot lines measured along
the street right-of-way line. The minimum lot frontage shall be the
same as the lot width, except that on curved alignments with an outside
radius of less than 500 feet, the minimum distance between the side
lot lines measured at the street line shall not be less than 75% of
the required minimum lot width.

In the case of a lot abutting only one street, the street
line separating such lot from such street; in the case of a double
frontage lot, each street ROW line separating such lot from a street
shall be considered to be the front lot line, except where the rear
yard requirement is greater than the front yard requirement in which
case one of two opposing yards shall be a rear yard.

The mean horizontal distance between the side lot lines measured
parallel to, and at, the average building setback line. Where there
is only one side lot line, lot measured between such lot line and
the opposite lot line or future right-of-way line.

Any security acceptable to the governing body to assure the
maintenance of duly approved improvements installed by the developer
after the final acceptance of the improvement and in such sum required
by ordinance.

A guaranty of facilities or work to insure the correction
of any failures of any improvements required pursuant to this chapter
and regulation, or to maintain same. Any security acceptable to the
governing body to assure the maintenance of duly approved improvements
installed by the developer after the final acceptance of the improvement
and in such sum required by ordinance.

An activity which involves the fabrication, manufacture or
assembly of products from or treatment of products with previously
prepared materials and which does not involve the synthesis of chemicals
or chemical products or the processing of any raw materials.

A building or group of buildings in a controlled-access,
landscaped, fenced or otherwise landscaped compound that contains
varying sizes of individual, compartmentalized, visually screened
and controlled-access stalls or lockers for the dead storage of a
customer's goods or wares. No sales, service or repair activities
other than the rental of dead storage units are permitted on the premises.

Is manufactured in accordance with the standards promulgated
for a manufactured home by the Secretary of the United States Department
of Housing and Urban Development pursuant to the National Manufactured
Housing Construction and Safety Standards Act of 1974, P.L. 93-383
(42 U.S.C. § 5401 et seq.) and the standards promulgated
by the Commissioner pursuant to P.L. 1975, c. 217 (N.J.S.A. 52:27D-119
et seq.).

A mobile home development with continuing local general management
and with special facilities for common use by the occupants, including
such items as common recreational buildings and areas, common open
space, laundries and the like.

A plot of ground within a mobile home park improved and authorized pursuant to § 142-30 of this chapter for the accommodation of one mobile home, including appurtenances, the mobile home foundation and mobile home yard as defined herein.

A housing unit which can be afforded by a moderate-income
family; that is, a family whose income is between 50% and 80% of the
median income of a family of four for the region (see definition for
"low/moderate-income housing region," including Robbinsville Township,
with appropriate adjustments for smaller or larger families). For
purposes of this definition, "affordable" shall mean that the monthly
rent, or in the case of housing for sale, the monthly total of mortgage
and amortization, taxes, homeowners' association or condominium fees
and insurance, does not exceed 30% of the gross monthly income that
would be earned by a family with 80% of the regional median income.

A building or group of buildings consisting of 20 or more
individual sleeping units designed for transient travelers and not
for permanent residency. A restaurant or coffee shop may be considered
an accessory use to a motel.

A fee imposed on a mobile home for the purpose of payment
for the services rendered to mobile home owners by a municipality,
limited to local school board, regional school board, fire district
and trash district services. This fee shall be based only upon the
services provided to the mobile home park. Sewer and water taxes will
not be included in the municipal service fee.

The number of dwelling units to be constructed or number
of separate building lots to be created on a tract of land based on
calculations of its size, which calculations shall exclude all lands
to be devoted to street rights-of-way, easements, common ownership
or public purpose lands, and the land unsuitable for development.

The total area of site, including both forested and nonforested
areas, to the nearest 1/10 of an acre, reduced by the area found to
be within the boundaries of the one-hundred-year floodplain and any
critical meadow or open space areas as identified by the Planning
Board; except that in agriculture and resource areas, it is the portion
of the total tract for which land use will be changed or will no longer
be used for primarily agricultural activities, reduced by the area
found within the boundaries of the one-hundred-year floodplain.

Any foundation consisting of nonmortared blocks, wheels,
concrete slab, runners or any combination thereof, or any other system
approved by the Township Engineer for the installation and anchorage
of a manufactured home on other than a permanent foundation.

An enterprise which conducts the retail and wholesale sale
of plants grown on the site, as well as accessory items (but not power
equipment such as gas or electric lawn mowers and farm implements)
directly related to their care and maintenance. The accessory items
normally sold are clay pots, potting soil, fertilizers, insecticides,
hanging baskets, rakes and shovels.

A development on a tract of land that contains a number of
separate office buildings, with accessory and supporting uses, and
open space designed, planned, constructed and managed on an integrated
and coordinated basis.

The office of a member of a recognized profession which shall
be so designated by the approving authority upon finding by such approving
authority that such operation is professional in character and requires
at least a bachelor's degree from an accredited college or university,
licensing, and training and experience as a condition for the practice
thereof, and that the practice of such occupation shall in no way
adversely affect the safe and comfortable enjoyment of property rights
in any zone to any greater extent than would the permitted uses listed
in that zone. The issuance of a state or local license for regulation
of any such occupation shall not, alone, be deemed indicative of professional
standing. When such office is combined with a residence, the conditions
of a home occupation shall apply.

Located outside the lot lines of the lot in question, but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.

Located on the lot in question or on a contiguous portion
of a street or right-of-way, except in the context of on-site detention,
when the term means within the boundaries of the development site
as a whole.

Each occupant is automatically subject to a charge for a proportionate
share of the expenses for the organization's activities and maintenance,
including any maintenance costs levied against the organization by
the Township.

An area either within a structure or in the open for the
parking of motor vehicles, exclusive of driveways, access drives,
fire lanes and public rights-of-way, except that nothing shall prohibit
private driveways for detached dwelling units from being considered
off-street parking areas, provided that no portion of such private
driveway within the right-of-way line of the street intersected by
such driveway shall be considered off-street parking space. The area
is intended to be sufficient to accommodate the exterior extremities
of the vehicles, whether or not in addition thereto wheel blocks are
installed within this area to prevent the bumper from overhanging
one end of the parking space. The width and length of each space shall
be measured perpendicular to each other regardless of the angle of
the parking space to the access aisle or driveway.

A single or multilevel structure at or within one foot of
the finished grade, not covered by a roof. Patios shall not be considered
a part of building area but shall be included in the calculation of
lot coverage when they constitute impervious cover.

Any establishment showing to patrons in private or semiprivate
viewing areas the live or photographic or magnetically recorded depictions
of persons engaged in the presentation and exploitation of illicit
sex, lust, passion, depravity, violence, brutality, nudity, immorality,
and other obscene subjects.

Any security in accordance with the requirements of this
chapter which may be accepted to insure that certain improvements
be made, including performance bonds, escrow agreements and other
similar collateral or surety agreements.

An area developed according to the provisions of Article IV of this chapter as a single entity containing one or more structures with appurtenant common areas to accommodate commercial, office and other specified uses; a form of planned development defined as "planned commercial development" in N.J.S.A. 40:55D-1 et seq.

An area with a specified minimum contiguous or noncontiguous
acreage of six acres or more to be developed as a single entity according
to a plan containing one or more residential clusters, or as part
of the comprehensive Town Center development plan for the Township,
which may include appropriate commercial, or public or quasi-public
uses all primarily for the benefit of the residential development.

An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial, or public or quasi-public uses all primarily for the benefit
of the residential development.

The preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of this chapter.

An assembly of materials or products that is intended to
comprise all or part of a building or structure, exclusive of a public
school facility, and that is assembled off site by a repetitive process
under circumstances intended to ensure uniformity of quality and material
content.

Any improvement, facility, or service, together with customary
improvements and appurtenances thereto, necessary to provide for public
needs, such as vehicular and pedestrian circulation systems, storm
sewers, flood control improvements, water supply and distribution
facilities, sanitary sewage disposal and treatment, public utility
and energy services.

The creation of a biological community dominated by trees
and other woody plants containing at least 100 trees per acre with
at least 50% of those trees having a two-inch or greater diameter
at 4.5 feet above the ground, within seven years. Reforestation includes
landscaping of areas under an approved landscaping plan that establishes
a forest that is at least 35 feet wide and covering 2,500 square feet
of area.

The land and buildings designed and used for the structural
or cosmetic repair and the incidental mechanical repair of passenger,
farm or commercial vehicles. No shop in which a substantial portion
of the structural and/or cosmetic body repair work done is on vehicles
owned by the operator or owner, or leased or rented to such operator
or owner, shall qualify as a body repair shop under this definition.

The land and buildings designed and used predominantly for
the mechanical repair of passenger, farm or commercial vehicles. No
shop in which a substantial portion of the mechanical repair work
done is on vehicles owned by the operator or owner of such shop, or
leased or rented to such operator or owner, shall qualify as a mechanical
repair shop under this definition.

The lowest order street, which is intended to carry the least
amount of traffic at the lowest speeds. A development should be designed
so that as many houses as possible front on this type of street. It
has a fifty-foot ROW, limited to 200 ADT (average daily trips).

The growing and harvesting of plant life for the enjoyment
of the residents on the property and not primarily for commercial
purposes. A small roadside produce stand associated with the residential
agricultural use shall be permitted, provided that all of the produce
offered for sale is grown on the property; that the produce is not
grown primarily for commercial purposes; that the stand is not furnished
with permanent heating facilities; that the floor area of the stand
does not exceed 40 square feet; that the stand is set back from the
street right-of-way and property lines at least 30 feet; and that
sufficient on-site off-street parking is provided. One unlighted sign,
not exceeding four square feet in area, shall be permitted and shall
be attached flat against the front facade of the stand. The sign and
stand must be removed during the nonharvesting months.

The highest order of streets in the residential street hierarchy.
It will carry the largest volume of traffic at higher speeds. In large
residential developments, this street may be necessary to carry traffic
from one neighborhood or cluster to another or from the neighborhood
or cluster to streets connected to other areas in the community. This
level of street is unsuitable for providing direct access to homes,
and provision of such access to homes should be avoided. The right-of-way
is 72 feet.

The middle order of street in the residential street hierarchy.
It will carry more traffic than a residential access street. It should
provide an acceptable environment for a residential neighborhood with
a fifty-foot right-of-way, limited to 500 average daily trips (ADT)
or 1,000 ADT if it is a loop street.

A parcel of land created in conjunction with a PURD preservation parcel and complying with the minimum lot requirements of the Rural Residential Zone District and the requirements of § 142-82, Planned unit residential development, regarding creation of such lots.

Any establishment, however designated, at which food is sold
primarily for consumption on the premises. However, a snack bar or
refreshment stand at a public or community swimming pool, playground,
golf course, playfield or park, operated solely by the agency or group
operating the recreational facility and for the convenience of patrons
of the facility, shall not be deemed to be a restaurant.

Restaurant, refreshment stand, snack bar, dairy bar, hamburger
stand or hot dog stand where food is served primarily for consumption
at counters, stools or bars outside or inside the building for consumption
in automobiles parked, or waiting in line on the premises, or purchased
while in an automobile, commonly referred to as a "drive-through,"
whether brought to said automobiles by the customer or by employees
of the restaurant, regardless of whether or not additional seats or
other accommodations are provided for customers inside the building.
All such drive-in restaurants and refreshment stands are specifically
prohibited in all districts.

Off the premises as carry out orders, and whose principal method
of operation includes the following characteristics: food and/or beverages
are usually served in edible containers or in paper, plastic, or other
disposable containers.

An establishment whose principal business is the sale of
food or beverages to customers in a ready-to-consume state, and whose
principal method of operation includes one or both of the following
characteristics:

The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but excluding conveyances so as to combine
existing lots by deed or other instrument.

A dwelling where lodging is provided, for compensation, for
from four to 10 persons, who are not members of a family occupying
that dwelling unit and who do not occupy the dwelling as a single
housekeeping unit.

A dish-shaped, parabolic-shaped, spherical or circular-shaped
antenna for the reception and/or transmission of satellite signals,
including television signals, AM radio signals, FM radio signals,
telemetry signals, data communications signals or any other reception
or transmission signals using free air space as a medium, whether
for commercial, public or private use. Such objects shall also be
known as "earth stations," "earth terminals," "home video earth stations,"
"microwave dish antennas," "satellite dishes," "satellite earth stations"
and "satellite radio frequency signal reception and/or transmission
devices."

Evergreen trees and shrubs or a berm, fence or wall, or a
combination of these, together with decorative plantings, installed
in such a manner as to provide an opaque visual barrier between the
activities, structures and uses which exist on either side of it.
Such a screen would be one-hundred-percent visually impervious at
all times of the year.

Lands and buildings providing primarily for the retail sale
of gasoline, oil or other fuel directly to motor vehicles from a pump
located outside a building or from drive-through hydrant, lift or
pit inside a building, and for the minor repair and servicing of motor
vehicles, provided that no body repairs or painting or the extended
storage of inoperable or wrecked vehicles shall be permitted. The
service station is herein defined to include but not be required to
provide a convenience store with minimum of 2,500 square feet.

The minimum horizontal distance between the street, rear
or side lines of the lot and the front, rear or side of the building
or structure. When two or more lots under one ownership are used,
the exterior property lines, so grouped, shall be used in determining
setbacks.

A line within any lot, parallel to any street or property
line, between which and the street or property line no building or
portion thereof may be erected, except as otherwise provided for in
this chapter.

A group of commercial establishments built on one or more
tracts that is planned, developed, owned and managed as an operating
unit; it provides on-site parking in definite relationship to the
type and total size of the stores. The commercial establishments may
be located in one or several buildings, attached or separated.

A triangular shaped area established in accordance with the
requirements of this chapter in which no grading or structure shall
be erected or maintained higher than 30 inches, except for street
signs, fire hydrants and light standards and trees which have no low-hanging
branches which would block the view triangle from a height 30 inches
to 10 feet from the ground.

Any outdoor or indoor device, structure or display of any
writing, printing, picture, painting, emblem, drawing or similar device
intended to invite or draw the attention of the public to any goods,
services, activity or location.

The maximum projected area of the shape which encloses the
sign, device or presentation. In the case of lettering attached to
building facades, the sign area shall be the product of the maximum
horizontal dimension of all lettering and symbols times the vertical
dimensions of all lettering and symbols which form the sign.

A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including, but not
necessarily limited to, topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, wells and septic systems, landscaping,
structures and signs, lighting and screening devices shown on isometric
and two-dimensional drawings, and any other information that may be
reasonably required in order to make an informed determination concerning
the adequacy and visual quality of the plan in accordance with the
requirements of this chapter.

Any development plan which is limited to the proposed construction of any permitted accessory use(s), such as a sign or off-street parking area, as such accessory uses specifically permitted in this chapter, provided that major site plan approval has previously been granted for the principal use(s). Applications for minor site plan approval shall be reviewed and acted upon by the same municipal agency which acted upon the previously approved major site plan.

The professional examination and review of the materials
submitted for the specific development plans for a lot. Whenever the
term "site plan approval" is used in this chapter, it shall be understood
to mean a requirement that the site plan be reviewed and approved
by a board of jurisdiction.

A tree that is particularly impressive or an unusual example
of a species due to its size, shape, age, or any other trait that
demonstrates the character of the species. Any tree having a diameter
at breast height of 24 inches or greater.

That portion of a building included between the surface of
any floor and the surface of the next floor above it, with a clear
headroom of seven feet in the basement, seven feet six inches in the
first story and seven feet four inches in upper stories; however,
in apartments all upper stories shall have a clear headroom of seven
feet six inches or more whether finished or not. If the ceiling or
underside of supporting members is less than four feet above the average
grade surrounding any space, that space shall not be considered a
"story" or counted as floor area.

A partial story under a gable, hip or gambrel roof, the wall
plates of which, on at least two opposite exterior walls, are not
more than two feet above the floor of such story. Such space can only
be used for storage.

A strip of natural vegetation contiguous with and parallel
to the bank of a perennial or intermittent stream, the width of which
shall be a minimum of 50 feet from each side of the stream bank. Stream
buffers must include adjacent one-hundred-year floodplain areas, wetlands
and wetland transition buffers as defined by the New Jersey Department
of Environmental Protection regulations.

Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to law,
or which is approved by N.J.S.A. 40:55D-1 et seq., or which is shown
on a plat duly filed and recorded in the Office of the County Recording
Officer prior to the appointment of a Planning Board and the grant
to such Board of the power to review plats, and includes the land
between the street lines, whether improved or unimproved, and may
comprise pavement, shoulders, gutters, sidewalks, parking areas, utility
easements and other areas within the street line.

The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown in the adopted Master
Plan Official Map, forming the dividing line between the street and
a lot. Where the definite right-of-way width has not been established
or is not specified in the above documents, the street line shall
be assumed to be at a point 25 feet from the center line of the existing
pavement.

Anything constructed, assembled or erected which requires
location on the ground or attachment to something having such location
on the ground, including but not limited to buildings, platforms,
sheds, storage bins, tanks, towers, display signs, advertising devices,
tennis courts and swimming pools.

The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions: divisions
of property upon court order, including but not limited to judgments
of foreclosure; consolidation of existing lots by deed or other recorded
instrument; and the conveyance of one or more adjoining lots, tracts
or parcels of land, owned by the same person or persons and all of
which are found and certified by the administrative officer to conform
to the requirements of the municipal development regulations and are
shown and designated as separate lots, tracts or parcels on the Tax
Map or Atlas of the municipality. The term "subdivision" shall also
include the term "resubdivision."

Any division of land containing an aggregate of not more than three lots (two new lots and the remaining parcel), each fronting on an existing street or streets, not involving any new street or the installation of any street improvements or the extension of Township facilities; not involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter, unless such additional right-of-way width, either along one or both sides of the street(s), as applicable, shall be deeded to the Township or to the appropriate governmental authority prior to classification as a minor subdivision; not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision of the Master Plan, Official Map or this chapter; and not being a further division of an original tract of land for which previous minor subdivision(s) have been approved by the Township since 1967. The original tract of land shall be considered any tract in existence as of 1967. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision.

Any swimming or bathing pool or tank, whether permanently
installed, portable, collapsible or otherwise, having either an inside
structural depth in excess of 24 inches or a surface area in excess
of 120 square feet, or a capacity in excess of 1,400 gallons, constructed
or maintained on any lot by any person for use by himself or any one
or more members of his family or guests of himself or his family.
Regulations pertaining to the location, alteration, maintenance and
operation of private swimming pools and wading pools and providing
for the issuance of permits therefor are specified in an applicable
ordinance of the Township.

Any pool other than a private residential swimming pool designed to be used collectively by persons for swimming and bathing purposes, including pools designed as part of any hotel or motel use or any cluster residential or planned village development. Public swimming pools shall be further classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the Uniform Construction Code of the State of New Jersey (Chapter 90, Construction Codes, Uniform), and shall comply with approved bacteriological standards which may be promulgated by regulations issued by Chapter 288, Swimming Pools,[5] the State of New Jersey or other authority having jurisdiction.

An advisory committee established pursuant to § 142-76 of the Code of the Township of Robbinsville for the purpose of reviewing developmental applications pending before the Planning Board or Zoning Board. Such review is undertaken prior to action by the particular board to determine whether such application complies with all ordinance provisions. Other duties related to site plans and/or subdivisions may be conferred on this Committee by the Planning Board through a motion duly adopted or recorded; provided, however, that final approval of all applications shall rest with either the Planning Board or the Zoning Board as the case may be.

A structure and appurtenant land areas consisting of courts
designated for the playing of tennis, racquetball, paddle tennis and
similar games and other necessary accessory uses or facilities and
which is specifically planned and constructed for commercial purposes.

Connecting structures consisting of at least three, but no
more than eight, connected dwelling units, which two units share a
common fireproof and soundproof wall, which each dwelling unit is
compatibly designed in relation to all other units, but is distinct
by such design features as width, setback, roof, window and doorway
treatment or decorative details such as fences, landscaping, and other
features, singularly or in combination. Each dwelling unit may be
a maximum of three stories in height, but nothing in this definition
shall be construed to allow one dwelling over another.

An area of land composed of one or more lots adjacent to
one another and contiguous portions of existing streets or rights-of-way
having sufficient dimensions and area to make one parcel of land meeting
the requirements of this chapter for the use(s) intended. The original
land area may be divided by one existing public street and still be
considered one "tract," provided that the street is not a major arterial
or collector road and that a linear distance equal to more than 75%
of the frontage of the side of the street having the larger street
frontage lies opposite an equivalent linear distance of street frontage
on the other side of the street.

Where it is specified that the usable development area is to
be located within the required setbacks, this shall be construed to
mean that the usable development area shall be located within the
envelope that is delineated by the required yards and buffers of the
zone district for the placement of the principal building.

A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of such time. Such uses
do not involve the construction or alteration of any permanent structure.

An area where standing water is retained for a portion of
the year and unique vegetation has adapted to the area, which has
been noted in the Development Suitability Analysis of the Township,
the NJDEP, or by the US Army Corps of Engineers.

An area of plant material covering 1/2 acre or more and consisting
of 30% or more canopy trees having an eight-inch or greater caliper,
or any grove consisting of eight or more trees having a ten-inch or
greater caliper.

An area of plant material covering 1/4 acre or more and consisting
of 30% or more canopy trees having a sixteen-inch or greater caliper,
or any grove consisting of eight or more trees having an eighteen-inch
or greater caliper.

An area of plant material covering one acre or more and consisting
of 70% or more canopy trees having a two-and-one-half-inch caliper
or greater, or a tree plantation for commercial or conservation purposes
where 70% or more of the canopy trees have a two-and-one-half-inch
or greater caliper.

An open space extending across the full width of the lot
and lying between the street line and closest point of the principal
building on the lot. The depth of the front yard shall be measured
horizontally and at right angles to either a straight street line
or the tangent lines of curved street lines. The minimum required
front yard shall be the same as the required setback. A corner lot
shall have two front yards.

An open space extending across the full width of the lot
and lying between the rear lot line and the closest point of the principal
building on the lot. The depth of the rear yard shall be measured
horizontally at right angles to either a straight rear lot line or
the tangent of curved rear lot lines.

An open space extending from the rear of the front yard to
the front of the rear yard and lying between each side lot line and
the closest point of the principal building on the lot. The width
of the required side yard shall be measured horizontally and at right
angles to either a straight side lot line or the tangent lines of
curved side lot lines.

An official of the Township who shall be appointed by the Mayor and who shall have jurisdiction to grant or deny zoning permits pursuant to § 142-92 of this chapter and any other duties and responsibilities set forth in this chapter, including but not limited to the responsibilities of administrative officer.

A document signed by the administrative officer which is
required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of the municipal zoning ordinance or variance therefrom duly authorized
by a municipal agency.